Statutory Issues Related to Investigations
Disclosure of Stored Communications Limitations

- To addressee or intended recipient
- With consent of the originator or addressee
- As provided by law
- As necessary to keep service going or to protect rights or property of provider
- To law enforcement if contents inadvertently obtained and appear to pertain to a crime

An Electronic Communication Service Provider may disclose the contents of stored communications to specified parties under certain conditions. They may be disclosed to the addressee or intended recipient, or to others with the consent of the originator or addressee. They may be disclosed as provided by law. Communications may be disclosed as necessary to keep service going or protect the rights or property of the provider. Stored communications may also be disclosed to law enforcement if the contents were inadvertently obtained and appear to pertain to a crime. Records or other information pertaining to a customer, known as “transaction records,” may be disclosed to any person other than a Governmental entity. Additionally, and very importantly, because DoD is not a public service provider, it may generally share such types of information with appropriate government officials merely by obtaining the consent of the service provider.
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